Separating? Wollongong’s Top Family Lawyers share what you need to know…
Where to start when you are separating? Here’s a separation and divorce checklist from Wollongong’s most experienced family lawyers. It covers what you need to consider with kids, finances and what you are entitled to.
Here at Parents Guide Illawarra, we provide useful info for ages and stages of family life. The sad reality is that many relationships break down, you are not alone. Getting access to legal advice at this emotional and tumultuous time, is highly recommended.
We were lucky enough to interview some of Wollongong’s experienced Family Lawyers, They know that a family law separation will be one of the hardest things that you will experience in your life. So here is what is most important to do when you separate.
First, all families are different and unique. So are all Family Law matters. This separation checklist is a helpful guide of what is important to consider. Please do seek advice from a family lawyer. As the list below may change depending on your personal circumstances.
Separation Checklist Wollongong: The First Steps To Take
Separation can feel overwhelming, especially when children, finances and the family home are involved. Taking things one step at a time can help you feel more in control and avoid costly mistakes later. Here’s a practical separation checklist to help guide your next steps.
Make Safety Your First Priority
If you or your children are experiencing family violence or you have concerns for your safety, seek urgent help immediately. Contact Police or local support services such as SAHSSI for domestic violence assistance, emergency accommodation and ongoing support.
If you need to leave the family home and it is safe to do so, try to take important documents with you, including:
- Passports
- Birth certificates
- Marriage certificate
- Financial records
- Bank statements
- Superannuation details
If you’re concerned your former partner may damage the home or belongings, consider taking photographs of the property’s current condition before leaving.
Arrange Advice From a Family Lawyer Early
One of the most important steps after separation is obtaining early legal advice. Speaking with an experienced Wollongong family lawyer helps you understand your rights, avoid common mistakes and make informed decisions about your children, finances and property from the very beginning.
Early advice can often reduce conflict and help you achieve a fair outcome sooner.
Make a List of Your Assets, Debts & Finances
Start gathering information about your financial position, including:
- Bank accounts
- Savings
- Superannuation
- Investments
- Property
- Vehicles
- Loans
- Credit cards
- Mortgage balances
Having a clear picture of your finances will make property settlement discussions much easier and help your lawyer provide tailored advice.
Record Your Separation Date
The official date of separation is an important legal milestone.
If you’re continuing to live under the same roof after separating, keep notes about how your relationship has changed, including:
- Separate sleeping arrangements
- Separate finances
- Changes to household responsibilities
- Changes to your social lives
- Whether you’ve stopped presenting as a couple
These records may become important if your separation date is later questioned.
Decide Where Everyone Will Live
Whether you remain in the family home, rent elsewhere or plan to sell the property, it’s important to seek legal advice before making major financial decisions.
If you hope to keep the family home, speak with your bank or mortgage broker about your borrowing capacity. If the property will be sold, obtain legal advice before dividing the sale proceeds.
If you’re renting, remember to update the lease agreement.
Parenting Arrangements After Separation
If you have children, one of your biggest priorities will be creating parenting arrangements that support their wellbeing and provide stability.
Think about:
- Weekly care arrangements
- School pick-up and drop-off
- School holidays
- Birthdays
- Christmas
- Easter
- Mother’s Day and Father’s Day
- Communication between parents
Depending on your circumstances, parenting arrangements can be documented through a Parenting Plan or legally binding Consent Orders.
If agreement can’t be reached, family mediation may be recommended before Court proceedings.
Child Custody, Parenting Plans & Consent Orders
Every family is different, and there is no one-size-fits-all parenting arrangement.
Where possible, parents are encouraged to work together to reach agreements that are in the best interests of their children. If mediation isn’t appropriate, or one parent refuses to participate, legal advice should be sought promptly, as Court intervention may sometimes be necessary.
Child Support After Separation
Child support is designed to help meet the everyday costs of raising children.
Depending on your circumstances, arrangements may include:
- Child Support assessments
- Private child support agreements
- School fees
- Medical expenses
- Extracurricular activities
Understanding your obligations early can help avoid future disputes.
Property Settlement & Financial Separation
Property settlement involves much more than simply dividing assets.
You’ll also need to consider:
- The family home
- Superannuation
- Mortgages
- Loans
- Savings
- Investments
- Future financial needs
If you’re concerned your former partner may access joint funds, speak with your bank about safeguards and consider opening a separate account in your own name.
Protect Your Privacy & Important Information
After separation, it’s a good idea to update your personal security by changing passwords and PINs for:
- Email accounts
- Online banking
- Social media
- Phones
- Computers
- Cloud storage
- Streaming services
If devices are linked through shared cloud accounts, remove access where appropriate to protect your privacy.
Update Your Will & Estate Planning
Many people don’t realise separation does not automatically update their estate planning.
Review:
- Your Will
- Power of Attorney
- Enduring Guardianship
- Superannuation Binding Death Nomination
- Life insurance beneficiaries
If you jointly own property, seek advice about whether severing a joint tenancy is appropriate.
Supporting Children Through Separation
Children often cope well with separation when they feel safe, loved and protected from conflict.
Try to:
- Keep routines as consistent as possible.
- Avoid arguing in front of the children.
- Never ask children to take sides.
- Avoid speaking negatively about the other parent.
- Let teachers or trusted adults know what’s happening so they can offer additional support if needed.
Remember, children shouldn’t become emotional support for their parents—they need reassurance that both parents will continue to love and care for them.
Look After Yourself Too
Separation is one of life’s most stressful experiences.
Make time to:
- Stay connected with family and friends.
- Exercise regularly.
- Prioritise sleep where possible.
- Speak with your GP about a Mental Health Care Plan if you’re struggling.
- Consider seeing a psychologist or counsellor for additional support.
Looking after yourself also helps you better support your children through this transition.
Keep Records Throughout The Process
Keep a diary of important events and save copies of:
- Emails
- Text messages
- Parenting schedules
- Financial documents
- Social media posts (where relevant)
These records may become valuable evidence if legal proceedings are required.
